Legal Question in Family Law in Louisiana

Legal guardianship of my elderly father

Does legal guardianship superceed power of attorney? My father is 82 years old and has a younger brother age 72. This brother has power of attorney of my father's affairs and took my father out of the State of California where he has lived and owned several properties for the past 62 years. He was taken out of the state without the knowledge of his eight children who love him dearly. He is so far away from us and we are not able to see him. Several of us have flown back to Louisiana to see him but this is a hardship on all of us since we have jobs and families. Our uncle sold my father's home which we grew up in and I am afraid that he will sell my father's commercial properties as well. We want our father back home where we can look after him. My brothers and sisters want me to file for legal guardianship as the oldest child and we will all look after our father. Is this possible?


Asked on 10/07/03, 8:31 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Legal guardianship of my elderly father

Since your father is in Louisiana, you need to speak with an attorney in that state.

Read more
Answered on 10/08/03, 11:22 am
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Legal guardianship of my elderly father

If your father is incompetent, you can file for an interdiction and the court will appoint 2 physicians to examine to see if he is competent. The interdiction will supersede the power of attorney. If your father is in La., you really need to get in touch with a La. attorney to discuss all the particulars.

Read more
Answered on 10/07/03, 9:10 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Louisiana